Royal Circle v. Achterrath
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Hancock county; the Hon. John J. Glenn, Judge, presiding. This is an action of assumpsit, brought in the circuit court of Hancock county by the appellee, Elizabeth Achterrath, against the Royal Circle, a fraternal insurance society, to recover on a certificate, issued by said society to one William Achterrath, husband of plaintiff below.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Hancock county; the Hon. John J. Glenn, Judge, presiding. This is an action of assumpsit, brought in the circuit court of Hancock county by the appellee, Elizabeth Achterrath, against the Royal Circle, a fraternal insurance society, to recover on a certificate, issued by said society to one William Achterrath, husband of plaintiff below. The certificate sued upon was dated January 19,1899, and provides as follows: “This certificate is issued to William Achterrath, a member of…
1Opinion of the CourtJustice Magruder
In the case at bar, the proof shows that William Achterrath, to whom the benefit certificate sued upon was issued, died by his own hand. While the affirmative proof in the case does not show whether the deceased was sane or not at the time of his death, yet there is no proof that he was in such a state of mind as to be unconscious of the physical nature of the act of self -destruction, and, therefore, in the absence of any proof as to his insanity, all the presumptions are in favor of his sanity. (Grand Lodge I. O. M. A. v. Wieting, 168 Ill. 408; Dickerson v. Northwestern Mutual Life Ins. Co.…
2Cases cited14 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Monahan v. Metropolitan Life InsuranceIllinois Supreme Court · 1918
- Ramsey v. Old Colony Life InsuranceIllinois Supreme Court · 1921
43 more not listed; retrieve them via the Exa API.